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Adv Lalit R Oswal   12 November 2018

Mutation entry

Can any one mutated their name on the basis of registered Agreement to sale (Sathekhat)? any caselaws/reference regarding the same?


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 8 Replies

R.Ramachandran (Advocate)     12 November 2018

You say that you are an Advocate.

An Agreement to Sell is only an executary Agreement and not an concluded and Executed Agreement.

Therefore, how can you expect any mutation entry simply based on the Agreement to Sell, UNLESS the Agreement to Sell is converted into a SALE DEED/Conveyance Deed after paying the full consideration and getting it registered with the Sub-Registrar's office?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     12 November 2018

Procedure of mutation of property. Mutation is the recording of a transfer of title of a property from one person to another in the revenue records. The documentation procedure to be followed and the fee payable vary from State to State. ... In case no objections against the proposed mutation are received, it is sanctioned .

Adv Lalit R Oswal   12 November 2018

Plz can you provide it with any citations or case Laws or GR or any other legal forum???

Kumar Doab (FIN)     12 November 2018

Puruse the revenue codes/rules/Act etc in the state, pertaining to, nature and type of property in question.

Generically speaking; the mutations record is updated after title is alienated/owenrship changes as per valid/registered deed e.g; Sale deed etc/WILL… showing evidence of transfer of property.

There could be precedences of possessory sale agreement and plea of perfected title by adverse possession..

Kumar Doab (FIN)     12 November 2018

You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, etc to resolve the matter if any, and/or find a very able LOCAL counsel specializing in concerned filed of law e.g; Revenue/Civil matters as in your case, and well versed with LOCAL applicable rules, revenue codes/rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL e.g;,  Revenue/Civil courts, HC, SC …

You can also try to get free legal advice from FREE Legal Aid that is usually in LOCAL courts Complex..preferably from a counsel specializing in concerned filed of law e.g; Civil matters.

Such counsels can advise after examining executor terms of contract and all other eelated docs and record..

Kumar Doab (FIN)     12 November 2018

In the meantime you may go thru;

Bombay High Court

Shri Dattatraya Yamaji Bhutkar & ... vs Shri Vaijinath Madhav & Others on 22 October, 1997

 

Central Government Act

Section 53A in The Transfer of Property Act, 1882

And pick up relvenat points

Andhra High Court

Bhimavarapu Laxma Reddy vs Pallothu Aswini Kumar on 24 July, 2015

Madhya Pradesh High Court

Kishorilal Tiwari vs Kandhilal Judgement Given By: ... on 22 January, 2014

The LOCAL counsel would be familiar with LOCAL terms e.g; sathekhat, Kharidekhat etc and LOCAL revenue codes/laws, sanctions, covering these at particular time..and apprciation of evidences pertaining to the matter..

 

1 Like

Kumar Doab (FIN)     12 November 2018

Hope Kharidekhat was applicable for said property at relevant time!

Adv Lalit R Oswal   14 November 2018

Thanku sir...

 


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